Bill > S775

Introduced Session

This bill requires the Attorney General to revise the New Jersey Use of Force Policy concerning the use of conducted energy devices by law enforcement officers. Under the bill, conducted energy devices would be removed from the definition of enhanced mechanical force and reclassified as mechanical force in the Use of Force Policy. The bill defines a "conducted energy device" as a less lethal device that may be deployed in probe or stun mode and is capable of delivering electrical energy into a person or other subject. The bill also defines "enhanced mechanical force" as an intermediate force option between mechanical force and deadly force that requires a greater level of justification than that pertaining to physical or mechanical force, but a lower level of justification than that required for the use of deadly force. "Mechanical force" is defined as the use of a device or substance, other than a firearm, to overcome a subject's resistance to the exertion of the officer's authority and shall include, but not be limited to, use of an energy weapon, expandable baton, baton or other object, oleoresin capsicum spray, or the physical apprehension by canines. The bill also clarifies that a conducted energy device is not included in the statutory definition of "less-lethal ammunition." Under current law, "less-lethal ammunition" is defined as ammunition approved by the Attorney General which is designed to stun, temporarily incapacitate or cause temporary discomfort to a person without penetrating the person's body. Finally, the bill authorizes law enforcement officers to carry a conducted energy device upon annually completing a training course curriculum and qualifying in the use of the device. Under the bill, the training course would include:· a minimum of six hours of instruction with a certified conducted energy device instructor;· a written examination with a passing score of 90 percent or higher;· completion of all functional tests included on the conducted energy device operator certification or annual recertification form;· tactical training in which an officer would deploy at least two live or hook-and-loop cartridges, as determined by the law enforcement agency, into a target area or halt training suit;· permission allowing the officer to participate in conducted energy device exposure training;· voluntary participation by officers in conducted energy device exposure training; and · classroom instruction and course work, which would include, but not be limited to, a conducted energy device operator power point, training bulletins, and a review of product warnings. Finally, the bill removes from current law the definition of stun gun and the penalty for possessing a stun gun in accordance with current law. In a Consent Order entered in New Jersey Second Amendment Society v. Porrino, No. 16-4906 (USDC) (April 25, 2017), the United States District Court stated that subsection h. of N.J.S.2C:39-3, "to the extent this statute outright prohibits, under criminal penalty, individuals from possessing electronic arms, is declared unconstitutional in that it violates the Second Amendment to the United States Constitution and shall not be enforced." The Consent Order further provided that subsection d. of N.J.S.2C:39-9 "shall not be enforced to the extent this statute prohibits, under criminal penalty, the sale or shipment of Tasers or other electronic arms."

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Gordon Johnson (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/09/2024)

Official Document